The objective liability of legal entities - several considerations about the imputability of harmful consequences
Abstract
Objective liability for damage is in private law - despite the declared primacy of the subjective principle - the predominant liability. It is not the development of the last few years, but the long-term trend of tort law.
The main reason is the fair allocation of risks and the consistent protection of the injured parties. However, the purpose of an objective civil liability should not be to paralyze the desirable social, technological and technological progress.
The purpose of the discussions is therefore to find a balance between these social interests. The notion of objective liability should be analyzed in the Czech context in relation to legal entities.
Are legal entities really identical to physical persons in these cases? Who must prove the existence of liberation reasons? How do legal entities demonstrate that they have taken all care that can reasonably be required? How do we impute to the legal person the harmful consequences caused by the operation? What are the limits of objective liability?